VIJAYAMATHENGEE IYER Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the dismissal of Original Application No. 146 of 2013 by the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereinafter "the Tribunal " for short) by its order dated December 18, 2018, the original applicant has presented this application under Article 226 of the Constitution of India before this Court.

(2.) The facts lie in a narrow compass.

(3.) The petitioner, at the relevant time, was employed in the Bhabha Atomic Research Centre (hereinafter "the Centre ", for short). She was appointed as Scientific Assistant 'C ' with effect from February 24, 1998 and posted at the Medical Division. Her service was confirmed by an order dated July 2, 2001 with retrospective effect from February 25, 1999. In due course of time, the petitioner was promoted as Scientific Officer 'B ' with effect from August 1, 2003. She was further promoted as Scientific Officer 'C ' with effect from August 1, 2008. By her writing dated March 15, 2010, the petitioner submitted resignation from service on the ground that she was suffering from Systemic Lupus Erythrematous (SLE) and was on immune suppression therapy. According to the respondents, the petitioner was counselled several times for persuading her to revoke her resignation and to continue to serve the Centre. It is, however, the case of the petitioner that as per the advice of one of her superiors, she had withdrawn her resignation by a writing dated April 23, 2010. Unfortunately, there is no evidence to prove that such withdrawal letter was received by the respondents. It is the specific case of the respondents that they did not receive any such letter.